WHITE EARTH TRIBAL COUNCIL

A/K/A WHITE EARTH BUSINESS COMMITTEE

WHITE EARTH BAND OF CHIPPEWA INDIANS

RESOLUTION NO. 001-97-006

WHEREAS, the White Earth Tribal Council is duly empowered as the governing body for the- White Earth Reservation pursuant to Article VI, Sec. 1 of the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe, as amended March 3, 1964; and

WHEREAS, The Band previously adopted the White Earth Reservation Conservation Code, which allows amendment by resolution; and

WHEREAS, The Band seeks to clarify the jurisdictional reach of the Conservation Court;

NOW, THEREFORE, IT IS HEREBY RESOLVED, The provisions of White Earth Conservation Code 100.07, Subd. 1, state:

"The jurisdiction of the Conservation Court shall extend to all aspects of the Conservation Code, and shall extend to all enrolled members of the Minnesota Chippewa Tribe, and to all members of a federally recognized tribe."

It is hereby amended to read as follows:

"Subd. 1: The jurisdiction of the Conservation Court shall extend to all aspects of the Conservation Code, and shall extend to all enrolled members of the Minnesota Chippewa Tribe, and any individual who-has-been issued a natural resources harvest permit by the White Earth Conservation Department, and to all members of a federally recognized tribe."

We do hereby certify that the foregoing resolution was duly presented and adopted by a vote of 2 FOR, 0 AGAINST, 1 SILENT, 1 ABSENT, at a regular meeting of the White Earth Tribal Council, a quorum being present, held on the day of October, 1996, at White Earth, Minnesota.

(signed) Eugene "Buggar" McArthur, Chairman

Attest:

(signed) John Buckanaga, Acting Sec/Treas.

 

C.C. 100.00 General Information and Provisions

C.C. 100.01 Name of Code

This Code shall be known as the White Earth Reservation Conservation Code and may be referred to as the Conservation Code and may be abbreviated as the C.C. All rules and regulations contained herein may be cited by the names given in the ruled headings. The Preamble shall not be considered part of this Ordinance.

C.C. 100.02 Prior Inconsistent Ordinances Repealed

Any and all ordinances of the Reservation Tribal Council which conflict in any way with the provisions of this Code are hereby repealed, to the extent 'that they are inconsistent with or conflict with, or are contrary to the spirit and/or purpose of the Code.

C.C. 100.03 Amendment of the Conservation Code

The Conservation Code may be amended by the Reservation Tribal Council by adoption of a resolution stating such changes. Additions to this Conservation Code shall become part thereof for all purposes and shall be codified and incorporated herein in a manner consistent with the numbering and organization thereof.

C.C. 100.04 Severability

if any provision of this Code or the application of any provisions of this Code to any person or circumstances is held invalid, the remainder of this Code shall not be affected thereby.

C.C. 100.05 Exclusiveness of Offense

No conduct constitutes an offense unless so declared by this Code or by any other tribal resolution or ordinance. Offenses may be on omission of a requirement or special provision or engaging in a prohibited act.

C.C. 100.06 Effective Date

This Code shall apply to all offenses as herein defined occurring on or after its effective date including amendments, seasons, limits and other regulations established by the Director or Reservation Tribal Council.

C. C. 100.07 Jurisdiction

Subd. 1) The jurisdiction of the Conservation Court shall extend to all aspects of the Conservation Code and shall extend to all enrolled members of the Minnesota Chippewa Tribe and to all members of a federally recognized tribe.

Subd. 2) The jurisdiction of this Code shall be criminal in nature and the penalties assessed for any violation of any prohibited act contained herein or amendatory thereof shall be in the form of dollar amount fines and/or incarceration and/or loss and/or revocation of resources taking permits.

C.C. 100.08 Definitions

Subd. 1) Angling: Shall mean the taking of fish by an attended hook and line

Subd. 2) Bag Limit, Creel Limit, or Harvest Limit: Shall mean the number or quantity of fish, wildlife, and other natural resources that may be harvested.

Subd. 3) Bait/Bait Fish: Shall mean all members of the minnow family, except carp and goldfish, all members of the sucker family, yellow perch, herring, goldeyes, mooneyes, and mud minnows. For purposes of any law regulating the taking, sale or transportation thereof, leeches, frogs and salamanders, shall be considered bait fish.

Subd. 4) Big Game Animals: Shall mean deer, bear, elk and moose.

Subd. 5) Cased Gun: Shall mean any firearm totally. enclosed by a container that is zipped, tied or sealed in some manner. A hand gun in a holster is not considered a cased gun.

Subd. 6) Commercial Purposes: Shall mean the for barter, sale or exchange for consideration.

Subd. 7) Conservation Court: Shall mean the Reservation Court established by the Minnesota Chippewa Tribal Constitution and shall have the authority and responsibility for adjudicating violations of this Ordinance.

Subd. 8) Firearm: Shall mean any crossbow, rifle, handgun or shotgun, with or without ammunition.

Subd. 9) Fish House: Shall mean any enclosed shelter placed on the ice of a lake or stream.

Subd. 10) Forest Products: Shall mean lumber, lath, shingles, crating, ties, bolts, logs, pulpwood, firewood, or other marketable materials obtained from trees.

Subd. 11) Furbearing Animals: Shall mean beaver, otter, mink, muskrat, fisher, fox, coyote, lynx, bobcat, weasel, raccoon and pine martin.

Subd. 12) Game Animals: Shall mean all big game animals, small game animals, and waterfowl.

Subd. 13) Game Fish: Shall mean all trout, all crappie, large and small mouth bass, muskellunge and muskellunge hybrid, northern pike, walleye, sauger, sturgeon, and all sunfish.

Subd. 14) Hunting: Shall mean the taking, or attempting to take wildlife by means of a hand held firearm or bow.

Subd. 15) Hunting Hours: Shall mean one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.

Subd. 16) Immediate Family: Shall mean a husband and/or wife, (this includes cultural community standards) children living with their parents, grandchildren living with their grandparents, or parents who live with their children or grandchildren and are enrolled members of the White Earth Band.

Subd. 17) Improved Road: Shall mean any road that has a surface improved by gravel, asphalt or concrete.

Subd. 18) Loaded Gun: Shall mean any firearm containing ammunition in either the magazine or chamber, except the muzzle loader which is considered to be loaded when the percussion cap is in place.

Subd. 19) Meat: Shall mean the part of the fish or game animal which is usually considered and normally consumed as edible.

Subd. 20) Motor Vehicle: Shall mean, but not be limited to, any car, truck, automobile, motorized boat, cycle, snowmobile, all terrain vehicle, airplane or any other vehicle that is motorized.

Subd. 21) Personal Use: Shall mean any use other than commercial use.

Subd. 22) Possession: Shall mean the act of having or taking into control, whether on an individual's person or in his/her vehicle, home or other structure, or within an area controlled by him/her or within his/her ability to control. Said control can either be actual, constructive, singularly or jointly.

Subd. 23) Natural Resources: Shall include all animals, fish and wild rice and such other naturally occurring animal or plant as is designated by the Director and which are accorded some measure of protection or regulation under the White Earth Conservation Code.

Subd. 24) Natural Resources Harvest Permit: Shall mean a card issued by the White Earth Conservation Department to enrolled members of the Minnesota Chippewa Tribe and all others who have submitted themselves to the jurisdiction of the White Earth Conservation Code. The permit shall designate the purpose for which it has been issued, what natural resources, game, furbearing animals, fish or wild rice are covered thereby and the duration of the permit. This permit shall not be effective as to wild rice, trapping, and leeching on the Tamarac National Wildlife Refuge, except as otherwise specifically permitted.

Subd. 25) Reservation: Shall mean the White Earth Reservation, as established by an Act of March 19, 1867, 16 Stat. 719, is a government agency incorporated into the Minnesota Chippewa Tribe under Federal Charter pursuant to the Indian Reorganization Act of 1934.

Subd. 26) Ricing: Shall mean the taking of wild rice.

Subd. 27) Rough Fish or Non-Game Fish: Shall mean all other fish not bait or game fish.

Subd. 28) Small Game Animals: Shall mean rabbits, squirrels, all grouse, pheasant, all

partridge, all doves, woodcock, rail and snipe.

Subd. 29) Taking: Shall mean the act of harvesting any of the Reservation's natural resources for any purpose.

Subd. 30) Trapping: Shall mean the taking of furbearers by trap or snare.

Subd. 31) Wanton Waste: Shall mean the intentional destruction of, damage to or discarding of any natural resource which is commonly considered consumable, commercial or saleable as permitted herein.

Subd. 32) Watercraft: Shall mean, but not be limited to, any floatation vehicle that is powered by any mechanical engine.

Subd. 33) Waterfowl: Shall mean wild ducks, wild geese, coots and merganser.

Subd. 34) Wild Rice: A tall aquatic Northern American perennial grass (Zizania Aquatica) that yields an edible grain.

Subd. 35) White Earth Reservation Tribal Council: Shall mean the duly constituted and properly elected governing body of the White Earth Band of Chippewa Indians.

C.C. 100.09 General Provisions and Prohibited Acts

Subd. 1) It is deemed a prohibited act, for the purpose of this Code, for any person, political entity, business entity or governing body, or any other of the aforementioned persons, entities or bodies to interfere with the lawful enforcement of this Code.

Subd. 2) It is deemed a prohibited act, for the purpose of this Code, to flee, attempt to flee or fail to stop for an Officer when requested by word, red lights or siren while in the performance of his/her duties.

Subd. 3) It is deemed a prohibited act to assault or attempt to assault, 'or in any manner endanger the health or safety of an Officer or Conservation Department worker engaged in the lawful enforcement of this Code or performance of his/her assigned duties.

Subd. 4) It is prohibited to aid, abet, or help any person who is committing or attempting to commit any act prohibited by' this Code. This includes both actual or passive acts or failures to act which result in a violation of the Code.

Subd. 5) It is a prohibited act to tend, disturb, move, damage, obstruct or interfere with any equipment, activity or person of the White Earth Conservation or Biology Department in the performance of the equipment's functions or the person's assigned task or duty.

Subd. 6) It is prohibited to take any natural resource outside of established seasons, limits, or regulations or ,without a valid tribal identification card, natural resources harvest permit, tag or any other specially required harvest permit, if applicable, except as otherwise provided by this Code or as established by the White Earth Tribal Council.

Subd. 7) It is prohibited to hinder, resist arrest, or obstruct a Conservation Officer in the performance of his/her duties.

Subd. 8) It is prohibited to falsely impersonate a Conservation Officer.

Subd. 9) It is prohibited to discharge a firearm in any manner that is hazardous to human life, health or property, or within 500 feet of an inhabited dwelling without permission of the owner, or down or across any improved road or within the boundaries of any city, village or town.

Subd. 10) It is prohibited to use the meat of any game animal or game fish for commercial purposes, unless otherwise permitted under this Code or as authorized by the White Earth Tribal Council.

Subd. 11) The White Earth Reservation Tribal Council recognizes the special nature of the Tamarac National Wildlife Refuge, Little Elbow Lake Park, Lower Rice Lake Wildlife Management Area, and other unique natural resource management areas and may adopt certain regulations to preserve the special areas.,

Subd. 12) The White Earth Reservation Tribal Council may, in its discretion, issue special harvest permits to accommodate handicapped persons, special events, ceremonies, or other community occasions.

 

 

C.C. 200.00 Fishing Provisions

C.C. 200.01 Fishing Permit

Subd. 1) All persons who take fish must have in his/her possession and on his/her person a tribal identification card and a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) The authority to take fish under the natural resource harvest permit is not transferable.

C.C. 200.02 Fishing Regulations

All persons under the jurisdiction of this Code are subject to the following rules:

Subd. 1) It is prohibited to take fish or turtles under the natural resources harvest permit by any means, except as provided below:

1. Fish may be taken by angling within seasons and limits as set by the White Earth Tribal Council.

2. Fish may be taken by spearing or archery within seasons and limits as set by The White Earth Tribal Council.

3. Fish may be taken by netting within seasons, limits and the methods as set by the White Earth Tribal Council under C.C. 200.04, Netting.

4. Bait fish may be taken by a seine no longer than 25 feet or byno more than 10 traps that are clearly identified with the permittee's identification tag number.

5. Turtles may be taken with the use of gaff, dip net, light, snare or by hand within the seasons and limits as set by the White Earth Tribal Council.

Subd. 2) It is prohibited to use live carp, goldfish, smelt, alewife, crayfish or bullheads as bait for game fish or rough fish.

Subd. 3) It is prohibited to sell game fish and bait fish except as provided under C.C. 300.00, Commercial Fishing Provisions

Subd. 4) Non-game fish and turtles taken under the authority of a natural resource, harvest permit may be used for commercial purposes.

Subd. 5) it is prohibited to transport or possess fish taken in violation of this code.

Subd. 6) It is prohibited to stock or place into any waters any fish without a stocking permit issued by the White Earth Biology Department.

Subd. 7) It is prohibited to take the spawn of game fish or non-game fish for the purpose of culture or propagation under the authority of the natural resources harvest permit.

Subd 8) Except as otherwise specifically permitted, it is prohibited for anyone to have in his/her possession, in any motor vehicle or on his/her person at or near waters, a spear, net or any other device or substance capable of taking fish, except when acting under permit and during the seasons established by the White Earth Tribal Council.

Subd. 9) It is prohibited to cast the rays of an artificial light on any lake, creek, or stream for the purpose of locating, taking, or attempting to take fish while in possession of a spear or bow, except within seasons and limits as established by the White Earth Tribal Council.

Subd. 10) Wanton waste of fish and other aquatic life is prohibited.

Subd. 11)The White Earth Biology Department may open or close any water body to any method of taking fish if the fish are in eminent danger if death or if the fish population is in eminent danger of over harvest.

C.C. 200.03 Fish House

Subd. 1) Each fish house must have attached to the door side of the fish house the name and Reservation identification number of the fish house owner plainly marked.

Subd. 2) Unoccupied fish houses or portions of fish houses shall not be on water bodies between March !5 and ice breakup of each year.

C.C. 200.04 Netting

Subd. 1) Nets shall not be placed within 50 feet of a previously set net of another permittee.

Subd. 2) Nets shall not be placed in or within 300 feet of a river, channel, stream, inlet, or outlet of a lake.

Subd. 3) Nets set in Reservation lakes must be checked at least once every 72 hours.

Subd. 4) It is prohibited to tend, disturb, move, damage, obstruct or interfere with any nets of any permittee, unless that permittee is present.

 

C.C. 300.00 Commercial Fishing Provisions

C.C. 300.01 Commercial Rough Fish Harvesting Permit

Subd. 1) It is prohibited to take fish, or parts of fish (which includes the stripping thereof and its products to raise or propagate fish), for commercial use without first obtaining a

Commercial permit, excepting C.C. 200.02, Fishing Regulations, Subd. 4.

Subd. 2) Carp shall lot be returned to any water body.

Subd. 3) It is prohibited to stock or plant any water body with game fish, non-game fish or crayfish without first obtaining a stocking permit.

Subd. 4) All aspects of commercial use harvesting operations shall be open at all times to inspection and observation by the Conservation or Biology Departments. This includes but is not limited to, netting site, transport equipment, holding facilities, storage facility, or the place of business.

Subd. 5) Permittee shall keep records on forms provided by the Biology Department when so required by the White Earth Tribal Council including: harvest poundage or number by species by lake biannually, January 1 and May 31.

Subd. 6) Permittee shall utilize only nets and traps that capture fish alive. In no case shall gill nets, explosive, poison, or electricity be utilized. All equipment shall be inspected and approved by the Conservation or Biology Department prior to initial utilization.

Subd. 7) Permittee must list what lakes will be harvested and receive approval from the Conservation Department prior to setting any net or trap in any Lake.

Subd. 8) All live game fish harvested shall be immediately returned to the water body harvested. Any came fish that is dead shall be given to the White Earth Conservation Department representatives or designated authority, or drop off point. All rough fish, as defined by the White Earth Conservation Code, may be taken and sold by the permittee.

Subd. 9) All aspects of the operation shall be open at any time for inspection and observation by the Conservation or Biology Department, including netting site, transport equipment, holding facilities, storage building or the permittee's place of business.

Subd. 10) Permittee must obtain a commercial fishing license by payment of a fee of $35.00 and agreement to the term so this permit.

Subd. 11) Permittee must tend nets as such a frequency that there is less than 10% loss of fish by number.

Subd. 12) Violation of any of the provisions of this Code or his/her permit subjects permittee to immediate temporary revocation of permit until such time that a full hearing may be head of the case. If found guilty of any of the any of the provisions of this Code or his/her permit, the permittee is subject to permanent loss of permit.

Subd 13) This permit is renewable up to five year provided:

1. There have been no convictions for violations of the permit of Conservation Code.

2. All biannual reports are submitted in a timely and accurate manner.

3. Permittee shall actively and regularly harvest fish at least 3 months of the year.

4. Permittee shall pay a fee of $35.00 annually.

Subd. 14) This permit shall be renewable as of June 1 each year.

Subd. 15) The Reservation Tribal Council reserves the right to, at its discretion, a $1,000.00 bond payable to the White Earth Tribal Council to be utilized as payment of fines, penalties or for clean up of violations if permittee is convicted of a violation of the terms of this permit.

Subd. 16) A transport permit must be obtained from the White Earth Biology Department before transport of any fish.

Subd. 17) Wanton waste of fish and other aquatic life is prohibited.

C.C. 300.02 Private Game Fish Culture Permit

Subd. 1) Permittee hall utilize proper hatching and rearing facilities suitable for the culture of the fish species chosen. All facilities shall be inspected by the Conservation or Biology Department prior to operation by the permittee.

Subd. 2) Permittee shall utilize only nets and traps that capture fish alive. In no case shall gill nets, explosives, poison, or electricity be utilized. All equipment is subject to prior inspection by the Conservation or Biology Department.

Subd. 3) All game fish to be reared will be provided by the White Earth Biology Department through either purchase or trade or obtained through other legal supplier.

Subd. 4) All rearing operations will take place on in approved sites with written authorization from the White Earth Conservation Department.

Subd. 5) Rearing ponds and lakes will be permitted for use only if there are no populations of game fish and they are isolated from migratory populations.

Subd. 6) It is illegal for any permittee to trap any game fish under these regulations form a wild brood stock for the purpose of stripping under these regulations.

Subd. 7) Permittee must obtain a private game fish culture permit by payment of a fee of $35.00 and agreement to the term of the permit.

Subd. 8) Permittee must provide complete and accurate records of all aspects of the game fish culture operation provided by the White Earth Conservation Department.

Subd. 9) This permit shall be renewable as if January 1 each year.

Subd. 10) This permit is renewable up to five year provided:

1. There have been no convictions for violations of the permit of Conservation Code

2. All reports are submitted in a timely and accurate manner.

Subd. 11) Convictions or violations of any of the provisions of this permit may result in immediate temporary revocation of permit.

Subd. 12) There shall be no exotic fish stores, reared, transported, or released in Reservation lakes or waters.

Subd. 13) A transport permit must be obtained from the White Earth Biology Department before transport of any fish.

C.C. 300.3 Regulations for Commercial Bait Fish Aquaculture Permit

Subd. 1) Permittee shall utilize only nets and traps that capture fish alive. In no case shall gill nets, explosives, poison or electricity be utilized. All equipment is subject to prior inspection by the White Earth Conservation or Biology Department.

Subd. 2) Permittee shall utilize proper hatchery and rearing facilities suitable for the culture of the fish species chosen. All facilities are subject to prior and frequent inspection by the White Earth Conservation or Biology Department.

Subd. 3) All trapping and rearing operations will take place only in previously approved sites with written authorization from the White Earth Conservation Department.

Subd. 4) All trapping, hatching and rearing sites shall be open for inspection to the White Earth Conservation or Biology Department.

Subd. 5) Permittee must obtain permission before entering private land.

Subd. 6) All live game fish at the trapping site shall be returned to the native water body immediately.

Subd. 7) All game fish mortalities shall be turned over to the White Earth Conservation Department.

Subd. 8) All brood fish trapping sites must be approved by the White Earth Conservation Department.

Subd. 9) Permittee must provide complete and accurate records of all aspects of the bait fish aquaculture operation. Forms will be provided by the White Earth Conservation Department.

Subd. 10) Permittee must obtain a commercial bait fish aquaculture permit by payment of a fee of $35.00 and agreement to the terms of permit.

Subd. 11) This permit shall be renewable as of January 1 each year.

Subd. 12) The following species are prohibited from rearing : carp, tilapia, smelt, white amur and goldfish.

List of definition of bait fish is:

All members of the minnow family except carp and goldfish.

All members of the sucker family except yellow perch and mud minnows.

Leeches, frogs and salamanders shall be considered bait fish.

Subd. 13) A transport permit must be obtained from the White Earth Biology Department before transport of an fish.

C.C. 300.04 Leeching Permits

Subd. 1) All persons who leech must have in his/her possession and on his/her person a valid natural resources harvest permit and leeching permit, which is current for the year and has not been revoked.

Subd. 2) The authority to take leeches under these permits is non-transferable.

Subd. 3) Permittee may start leeching on March 31 and continue until October 31, except on the Tamarac National Wildlife Refuge.

Subd. 4) All leech traps must be marked with either numbered tags issues by the White Earth Conservation Department or tagged with the owners name or tribal identification number.

Subd. 5) All traps must have identification tag numbers clearly visible above the surface of the water or ice.

Subd. 6) Traps of one permittee shall not be within 50 feet of another permittee's traps.

Subd. 7) It is prohibited to tend or disturb the traps of any other permittee without authorization from the permittee.

Subd. 8) Wanton waste of leeches of other aquatic life is prohibited.

Subd. 9) It is prohibited to litter. All litter, i.e. trash, excess bait, fish remains, etc. must be

removed form the leeching area daily.

Subd. 10) The leeching permit is a legal transport permit.

 

Tamarac National Wildlife Refuge Regulations

1. The permittee may harvest leeches and turtles in designated areas between the dates started each year by the White Earth Biology Department and Tamarac National Wildlife Refuge.

2. Turtles may be harvested by hand or using hand-held equipment only.

3. Each permittee may designate one (1) permitted helper. The permittee or helper must be present when checking leech traps. Only the permittee and helper may participate in turtle harvesting.

4. The permittee may harvest leeches and turtles only in the zones designated on the permit and attached maps.

5. All leech traps must be marked with either numbered tags issues by the White Earth Conservation Department or tagged with the owners name or tribal identification number.

6. All litter, i.e. trash, excess bait, fish remains, etc. must be removed from the Refuge daily.

7. All leech traps must be removed from the Refuge by sunset on the set date by the White Earth Conservation Department and Tamarac National Wildlife Refuge.

8. All unwanted leeches and turtles will be immediately returned to the body of water from which they were taken.

9. Turtle size limits and creel limits established by the White Earth Biology Department area enforced. Snapping turtles must measure 10" across the back from side to side. The limit on snapping turtles is 10 per day. There are no size or creel limits on other turtles species.

10. No firearms may be possessed while leeching or turtling.

11. There will be no list of alternatives to replace permittees who resign have his/her permits revoked.

12. The Tamarac Wilderness in the northwest corner of the Refuge is closed to leeching and turtling.

13. The use of all terrain vehicles is prohibited on Tamarac National Wildlife Refuge except by special written permission of the Refuge Manager.

14. Reports: A written report of pounds of leeches harvested and number, species and size of turtles harvested must be submitted biweekly to: Headquarters, Tamarac National Wildlife Refuge, HC 10, Box 145, Rochert, MN 56578. Report forms and envelopes for report filing are provided.

15. Any violation of the above permit conditions, Refuge violations, or the White Earth Conservation Code may result in revocation of the permit and possible other penalties including criminal prosecution.

 

C.C. 400.00 Hunting Provisions

C.C. 400.01 Hunting Permits

Subd. 1) All persons who take game animals must have in his/her possession and on his/her person a tribal identification card and a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) Any person between the ages of 12 and 16 years old must have in his/her possession a firearm safety certification when hunting (big game and/or small game), a tribal identification card and a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 3) It is prohibited to take big game animals with the aid of dogs or horses.

Subd. 4) During the modern firearm season, hunters must wear blaze orange or red colored clothing.

Subd. 5) It is prohibited to take protected animals or to chase, drive, or run over any animals with a motor vehicle or snowmobile.

C.C. 400.03 Hunting Season

Subd. 1) It is prohibited to take game animals, including waterfowl, by any means except by hunting within seasons and limits as established by the White Earth Reservation Tribal Council.

Subd. 2) Furbearers may be taken by hunting within seasons and limits as established by the White Earth Reservation Tribal Council.

C.C. 400.04 Firearms Regulations

Subd. 1) It is prohibited to take big game with .22 caliber shot, long or ling rifle, .22 caliber hollow points or .22 magnum ammunition or any rifle ammunition less than 1.75 inches long, or a shotgun using shot ammunition, or muzzle loading musket of less than .40 caliber or a handgun using ammunition less than .357 caliber or a length of less than 1.285 inches or a bow with a draw of less than 40 pounds, or with an arrow with a head of less than .75 inches in width or with a crossbow.

Subd. 2) Waterfowl may only be taken by a shotgun not larger than 10 gauge in size using buckshot or fineshot ammunition of any size which does not contain lead.

Subd. 3) Small game and furbearers may be taken with any hand held firearm.

C.C. 400.05 Artificial Lighting

Subd. 1) It is prohibited to use an artificial light for the taking of any game animal or furbearers while in possession of a firearm or bow under this Ordinance, except to aid in the taking of raccoons that have been treed while the hunter is in possession of a firearm of a caliber not larger than .22 rimfire or a shotgun with shot.

Subd. 2) It is prohibited to cast the rays of an artificial light onto any field, lake, creek or stream while possessing a firearm.

Subd. 3) It is prohibited to cast the rays of an artificial light on any field, lake, creek or stream for the purpose of locating, taking, attempting to take or harassing any game or waterfowl.

C.C. 400.06 Motor Vehicles

Subd. 1) It is prohibited to carry or possess a loaded firearm in a motor vehicle.

Subd. 2) It is prohibited to carry or possess an uncased firearm in a motor vehicle after or before legal hunting hours.

Subd. 3) It is prohibited to take, attempt to take or pursue game animals, furbearers or waterfowl from a motor vehicle excepting that waterfowl may be taken from a motorized boat with the engine raised and shut off.

C.C. 400.07 Party Hunting

Subd. 1) Deer may be taken for a member of the hunter's immediate family or senior citizen who the White Earth Band and who has given hit/her deer permit tag, valid natural resources harvest permit, and tribal identification card to the enrolled White Earth member who is doing the hunting.

SUM. 2; Deer may be taken for another person provided that the two or more persons are hunting together, all with valid natural resource harvest permits and are within the combined limit of all people hunting together.

C.C. 400.08 Bear

Subd. 1) It is prohibited to bait for bear prior to the date set by the Director. Bear may be baited only with biodegradable products including, but not limited to, pastries, rolls, breads, meats, oils, scents, bones and similar items.

Subd. 2) Dogs may not be used to aid in the taking of bear.

Subd. 3) It is prohibited to take bear cubs or a female bear accompanied by her cubs.

C.C. 400.09 Moose

Subd. 1) It is prohibited to take moose by any means other than as established under C.C. 400.03, Hunting Season, Subd. 1.

Subd. 2) If a moose is shot and wounded and wanders onto private land, the hunting party must notify the landowner and the Conservation Officers before pursuing the moose.

Subd. 3) Each hunting party will be issued a tag for the moose when issued a permit.

Subd. 4) If two members of one household and/or family application is drawn, only one permit per household and/or family will be issued.

Subd. 5) A person may not apply for another permit for a period of ten years if they received a permit or were on someone else's permit.

Subd. 6) For each application for the drawing there must be at least one adult listed on the application.

 

 

C.C. 500.00 Trapping Provisions

C. C. 500.01 Trapping Permit

Subd. 1) All persons who take furbearers must have in his/her possession and on his/her persona valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) It is prohibited for any person under the age of 12 to carry a firearm while trapping.

C.C. 500.02 Trapping Rules and Regulations

Subd. 1) It is prohibited to take or trap furbear animals out of established seasons, methods or over the established limit, as set by the White Earth Reservation Tribal Council.

Subd. 2) Each permittee must obtain a seal or tag from the Biology Department for each pelt or hide of a designated species. This seal or tag must be affixed to the hide or pelt through an eye of some other manner as described by the Biology Department. This seal or tag must not be transferred to any other pelt or hide.

Subd. 3) Pelts or furbearing animals must be registered with the Biology Department if possessed more than five (5) days after the close of the respective season.

Subd. 4) Wanton waste of furbearing animals is prohibited. All traps must be tended at least once every 72 hours.

Subd. 5) It is prohibited to tend or disturb the traps of any permitted trapper other than those for which the person has written permission. If a person obtains permission to tend another's traps, both persons must possess a valid trapping permit.

Subd. 6) All traps and snares must be clearly marked with the owner's identification tag number.

Subd. 7) When trapping by snare, the top of the snare must be firmly located no higher than 16 inches from the top of the ground or firmly compacted snow. Such snare may not be more than 10 inches in diameter.

Subd 8) It is prohibited to set, place, or operate body gripping or conibear type traps that have a maximum jaw opening when set of greater than 71/2 inches, excepting when said trap is at least half submerged in a lake, river or pond.

Subd. 9) All traps shall be concealed to prevent trapping protected animals such as eagles, owls, etc. Any protected animal or threatened/endangered species accidentally caught in the trap must be turned over to the White Earth Conservation Department within 24 hours.

Subd. 10) Trapping permits on Tamarac National Wildlife Refuge are restricted to enrolled members of the White Earth Band of Chippewa Indians who are at least 16 years of age.

C.C. 500.03 Regulations for Commercial Fur Buyers License

Subd. 3) The fur buyer must obtain a retention permit to retain furs more than five days after the close of a season.

Subd. 4) All aspects of the operations shall be open at any time for inspection and observation by the Conservation or Biology Department, including: transport equipment, holding facilities, storage building or the permittee's place of business.

Subd. 5) The fur buyer shall keep records on forms provided by the Biology Department to include: tag number, whom the furs were acquired from, number of furs, number of each species, and who the furs were sold to. Forms shall be due on June 1 of each year.

Subd. 6) The fur buyer must obtain a commercial- fur buyer's license by payment of a fee of $35.00 and agreement to the terms of this license.

Subd. 7) Violation of any of the provisions of this Code subjects licensee to immediate temporary revocation of license, until such time that a full hearing may be heard of the case. If found guilty of any of the provisions of this Code or his/her license, the permittee is subject to the permanent loss of license.

Subd. 8) This license is renewable up to five years provided:

1. There have been no convictions for violations of the license or Conservation Code.

2. All annual reports are submitted in a timely and accurate manner.

3. The fur buyer shall actively and regularly purchase furs at least 3 months of the year.

4. The fur buyer shall pay a fee of $35.00 annually.

Subd. 9) This license shall be renewable as of June 1 each year.

Subd. 10) The Reservation Tribal Council reserves the right to, at its discretion, require a $1,000.00 bond payable to the White Earth Tribal Council to be utilized as payment of fines, penalties or for clean up of violations if permittee is convicted of a violation of the terms of this license.

 

 

C.C. 600.00 Wild Rice Provisions

C.C. 601.00 Wild Rice Provisions

Subd. 1) All persons who take wild rice must have in his/her possession and on his/her person a valid natural resources harvest permit which is current for the year and has not been revoked.

Subd. 2) All persons must have a tribal identification card in possession and follow seasons, rules and regulations under this Code.

C.C. 600.02 Rules and Regulations

Subd. 1) It is prohibited to take wild rice by any means except with a hand held flail in a canoe or boat less than 36 inches wide or on foot within seasons, hours and methods as established by the White Earth Reservation Tribal Council.

Subd. 2) It is prohibited to wantonly waste or destroy wild rice.

 

Tamarac National Wildlife Refuge Regulations

Tamarac National Wildlife Refuge ricing permits shall be drawn and distributed annually under the regulation established by the White Earth Reservation Tribal Council, provided a Reservation permit has been obtained prior to the drawing by the applicant for such permits.

1. Rice permits on Tamarac National Wildlife Refuge are restricted to enrolled members of the White Earth Band of Chippewa Indians and must be 16 years or older to register for the Refuge drawing.

2. A free federal permit is required and will be issued to tribal members chosen at the annual rice drawing. The federal permit and appropriate ricing license must be in possession when ricing. If the permittee does not exercise his/her permit for more than 3 days of ricing, his/her permit will expire and an alternate will take his/her place on that lake.

3. Access points and number of boats per lake will be designated by the Manager of Tamarac Refuge and the White Earth Conservation Department.

4. Permittee will not be allowed to switch lakes. Permits are not transferable.

5. Enforcement of Refuge wild rice harvest regulations is the responsibility of the White Earth Conservation Department and Tamarac Refuge.

6. Ricers must comply with the following standard Refuge regulations.

a. To destroy any plant or animal is prohibited.

b. The possession, use and transportation of firearms will be in accordance with applicable federal, state and Reservation regulations.

c. All areas must be kept neat and orderly. Littering is prohibited.

d. Disturbance of peace or any other disorderly conduct is prohibited.

e. Boat, Flail and pole limitations must conform to Reservations regulations (see Subd. 1).

7. Any person under the age of 16 must be accompanied by an adult to be eligible for the annual drawing.

8. The Refuge and Biology Department reserve the right to harvest wild rice for the purpose of reseeding.

 

C.C. 700.00 Forestry Provisions

Subd. 1) A person must have a tree use permit for dead and down stumpage.

Subd. 2) A person must obtain a permit from the White Earth Tribal Forestry for cutting of standing green stumpage.

Subd. 3) All persons must obtain a permit from the White Earth Tribal Forestry to harvest bough on tribal land.

Subd. 4) Bough harvesters must not cut the whole balsam or spruce trees down to obtain the bough.

Subd. 5) Trespassing on tribal land to harvest any forest products without a permit from the White Earth Tribal Forestry is prohibited, except for ceremonial or religious purposes.

Subd. 6) Birchbark harvesters must not cut the whole tree down to obtain the cuter bark.

Subd. 7) Pine cone harvesters must not cut the whole tree down to obtain pine cones.

Subd. 8) It is prohibited to place a logging road within onehalf (1/2) of a mile from a known or established eagle's nest.

Subd. 9) A person cannot cut or commercially harvest trees in a leased or home site area from the White Earth Reservation without a permit from White Earth Tribal Forestry or written permission from the White Earth Land Office.

Subd. 10) It is prohibited to cut trees or to log in known maple sugar camps.

 

 

C.C. 800.00 Promiscuous Dumping and Littering Regulations

All solid, liquid, hazardous and all other wastes being disposed of within the exterior boundaries of the White Earth Reservation must be disposed of in a permitted solid waste management site. All dumping or littering not permitted above is prohibited.

C.C. 900.00 Transporting Provisions

Subd. 1) All big game tags are authorized transporting permits.

Subd. 2) All valid natural resource harvest permits are authorized transporting permits.

Subd. 3) All commercial permittees must obtain a transporting permit from the White Earth Biology Department except for leeching, see C.C. 300.04, Leeching Permits.

 

C.C. 1000.00 Protection of Endangered Species and Migratory Birds

C.C. 1000.01 Endangered Fish and Wildlife

Subd. 1) This Section implements the Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1561-1543 and is amended by Public Law 97-304, 1982.

Subd. 2) This Section implements 50 CFR 17, 1983, Subpart B - Lists, Section 17.11 Endangered and Threatened Wildlife, and Section 17.12 Endangered and threatened Plants.

Subd. 3) It is prohibited to import, export, transport, deliver, receive, sell, or offer to sell any fish, wildlife or plants listed in Section 4 of the Endangered Species Act of 1973, and 50 CFR 17 listed in Subd. 1 and 2.

Subd. 4) It is prohibited to hold a species in captivity or a controlled environment that is listed in Section 4 of the Endangered Species Act of 1973 and 50 CFR 17 listed in Subd. 1 and 2, except that this species (fish or wildlife) is held in the course of a commercial activity approved by the White Earth Reservation Tribal Council.

C.C. 1000.02 Migratory Birds

Subd. 1) This Section implements the Migratory Bird Treaty Act (16 U.S.C. 703-712), 50 CFR 10, listed for the protection of migratory game birds, migratory insectivorous birds and other migratory non-game birds.

Subd. 2) This Section implements 50 CFR 20 - Migratory Bird Hunting. Refer to C.C. 400.00, Hunting Provisions, for hunting seasons and regulations on migratory birds.

 

C.C. 1100.00 Eagle Provisions

C.C. 1100.01 Eagles

Subd. 1) It is prohibited for any person to take or transport any bald eagle or any golden eagle, or the parts, nests, or eggs of such birds at any time or in any manner, except on the provision of the Indian Freedom of Religion Act, or permitted under the terms of a valid permit issued pursuant to the provisions in C.C. 1100.02, Eagle Permit and Eagle Feather Bank.

Subd. 2) It is prohibited for any person to barter, trade, sell, purchase, offer for sale, export or import any bald eagle or any golden eagle, or the parts, nests, or eggs of such birds at any time or in any manner.

Subd. 3) It is prohibited for any person to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb any bald eagle or any golden eagle or its nests or eggs at any time or in any manner.

C.C. 1100.02 Eagle Permit and Eagle Feather Bank

Subd. 1) If any eagles are found dead within the boundaries of the Reservation caused by natural causes or accidental death, that eagle must be turned over to the White Earth Conservation Department for documentation of death. A report and autopsy must be conducted by the U.S. Fish and Wildlife Service. The eagle will then be sent back to the Reservation and be given back to the party that found the eagle or be put into an eagle feather bank for religious or ceremonial purposes.

Subd. 2) The White Earth Reservation Tribal Council may, upon receipt of an application and in accordance with the issuance criteria of this Section, issue a permit authorizing possession or transportation of bald eagles or golden eagles or its parts. Requirements for the permit are as follows:

1. Fill out Application.

2. State the number of eagle feathers and the purpose for which they will be used; religious or ceremonial.

3. Applicant must attach a certification from the Bureau of Indian Affairs that the applicant is an enrolled member of a federally-recognized tribe.

4. State the local area where the majority of his/her religious practices take place.

5. The applicant must be sponsored, in writing or in person, by a known spiritual leader or medicine man that the applicant participates in such ceremonies.

Subd. 3) Applications for permits may be picked up at the White Earth Conservation Department.

Subd. 4) The permits are not transferable, except such birds or its parts may be handed down from generation to generation or from one Indian to another in accordance with tribal or religious customs.

 

 

C.C. 1200.00 Parks and Recreation Provisions

C.C. 1200.01 Park Violations

Subd. 1) Motor vehicles are permitted only on established routes.

Subd. 2) Disorderly conduct, amplifiers, power equipment or Loud noises are prohibited in the park.

Subd. 3) Possession of firearms, explosives, or a display of weapons is prohibited in the park.

Subd. 4) Motor vehicles must not be operated in a careless or reckless manner in the park.

Subd. 5) A person must obtain permission from the Director to peddle, solicit, or advertise within the park.

Subd. 6) There must not be any, destruction or damage to any plants or injury or molestation to any wildlife in the park.

Subd. 7) It is prohibited to cut timber in a park or management area or refuge.

Subd. 8) All pets in the park must be on a leash.

C.C. 1200.02 Fire

Subd. 1) All campfires must be extinguished.

Subd. 2) All debris/garbage must be disposed of properly.

Subd. 3) All campfires must be personally supervised.

Subd. 4) It is prohibited to burn without having a valid burning permit on your person.

Subd. 5) All fires must be reported.

Subd. 6) it -s prohibited to start a fire and leave it unquenched.

Subd. 7) It is prohibited to drive over forest and without a muffler.

C.C. 1200.03 Boats and Watercraft

Subd. 1) It is prohibited to operate an unlicensed watercraft in any waters within the Reservation, except a canoe.

Subd. 2) It is prohibited to fail to display valid registration.

Subd. 3) Failure to notify the White Earth Register of transfer of watercraft ownership is prohibited.

Subd. 4) It is prohibited to operate a watercraft in a careless manner or in disregard for the rights and safety of others.

Subd. 5) It is prohibited to operate a watercraft in such manner that its wake or wash endangers, harasses, or unnecessarily interferes with other persons or his/her property.

Subd. 6) It is prohibited to operate a water craft within 150 feet of a diver warning flag.

Subs. 7) An operator must stop his/her watercraft when signaled to do so by a Conservation Officer.

Subs. 8) It is prohibited for a person under the age of 13 years to operate a

watercraft propelled by over 15 HP without supervision of an adult on board.

Subs. 9) It is prohibited operate a watercraft while towing a waterskier or similar person without an observer or mirror.

Subs. 10) It is prohibited to operate a watercraft while under the influence of a controlled substance or alcohol.

Subs. 11) Failure to stop the watercraft when involved in an accident or failure to make a report of an, accident to the sheriff (hit and run) is prohibited.

Subs. 12) It is prohibited to operate a watercraft without having at least one lifesaving device per person on board the watercraft.

Subs. 13) It is prohibited to operate a watercraft without required navigational lights at might.

Subs. 14) it is prohibited to remove, destroy or damage buoys.

C.C. 1200.04 Snowmobiles and All Terrain Vehicles (ATV)

Subs. 1) It is prohibited to operate or transport an unregistered snowmobile or ATV.

Subs. 2) it is prohibited to fail to display valid registration.

Subs. 3) It is prohibited to operate a snowmobile or ATV in a wildlife management area.

Subs. 4) It is prohibited to operate a snowmobile or ATV on the shoulder of a roadway or to stop on a roadway.

Subs. 5) It is prohibited to fail to yield.

Subs. 6) It is prohibited to cross a road without lights after dark

Subd. 7) It is prohibited to operate a snowmobile or ATV in an unsafe or harassing way.

Subd. 8) It is prohibited to operate a snowmobile or ATV at a greater rate of speed than circumstances allow.

Subd. 9) It is prohibited to operate a snowmobile or ATV in a careless or reckless or negligent manner or to cause injury or damage to persons; animals, or property.

Subd. 10) It is prohibited for anyone under 16 years of age to operate a snowmobile

or ATV on streets, highways, public lands or waters without a valid safety certificate.

Subd. 11) An operator must stop when signaled by a law enforcement officer.

 

C.C. 1300.00 Indian Burial Mounds and Sites

Subd. 1) It is prohibited to disturb, destroy, molest, or remove any burial mounds, burial sites, or any human remains or Indian artifacts from any site under the White Earth Conservation Code, Private Cemetery Act, National Historical Preservation Act, or the Native American Graves Protection and Repatriation Act.

Subd. 2) In accordance with the National Environmental Policy Act (NEPA), before any new construction is to begin on the Reservation, the construction site must be surveyed, checked, and approved by either the White Earth Biology Department, the Bureau of Indian Affairs, or the State Archaeologist for any Indian burial mounds, sites, or artifacts.

 

White Earth Reservation

Dog Registration and Rabies Control Ordinance

 

Introduction

In accordance with the Constitution and By-laws of the White Earth Indian Reservation, and to promote the public's general health and welfare, an ordinance is hereby enacted governing the registration of dogs, the destruction of dogs, and the control of rabies infected animals on the White Earth Indian Reservation.

Section 1 - Definitions

(a) "Dog(s)" shall mean any canine animals 6 months of age and over, provided that this paragraph shall not apply to the dog(s) owned by non-residents temporarily visiting the White Earth Reservation if the owner presents evidence satisfactory to the Reservation Tribal Council or

the Executive Director of the Reservation Business Committee that the animal has received a vaccination against rabies within the preceding 12 months.

(b) "Owner" shall mean any person or persons, firm(s), association(s) or corporation(s) owning, keeping, harboring, or controlling a dog.

(c) "At Large" shall mean any dog off the owner's premises and not under control of a person by leash, cord, chain, or otherwise.

(d) "Stray" shall mean any dog not having a known owner.

(e) "Rabies vaccination" shall mean the injection subcutaneously or otherwise of canine antirabic vaccine approved by the White Earth Reservation Tribal Council or the Department of Health, Education and Welfare, Public Health Service, received from a licensed veterinarian or at a public clinic, which may be established for this purpose by the Reservation Tribal Council.

Section 2 - Registration of Dog(s)

(a) No dogs shall be kept, harbored, or maintained within the boundaries of the White Earth Indian Reservation unless such dog has been registered by the owner with the White Earth Wildlife Conservation Department.

(b) The White Earth Reservation Tribal Council shall designate a representative to conduct semi-annual clinics for the registration of all dogs including those acquired by the owner(s) during the interim. The clinics shall be held at a reasonable time and place in each of the communities located on the White Earth Reservation. Each community shall be notified about the clinics a minimum of two weeks in advance. Registration representatives shall issue a "Certificate of Registration" and "Registration Tag" for each dog(s) on the reservation; provided that the owner exhibits a vaccination certificate signed by a licensed veterinarian.

(c) Registration and Certificates and Tags issued under this ordinances shall expire at midnight on the last day of the registration year-. For the purposes of this ordinance, the registration year shall begin July 1 and end on June 30. Application for renewals may be made far the ensuing registration year during the month of May and upon payment of the fee required in section 2 of this ordinance.

(d) No person shall attach registration tags to dog(s) unless such dog(s) has been properly registered with the White Earth Wildlife Conservation Department.

(e) The refusal or failure of the owner of any dog(s) to pay the registration fee or any necessary expenses occurred in control of such dog(s) within 30 days after written notice thereof by the White Earth Wildlife Conservation Department shall be deemed abandonment of such dog(s) by the owner.

Section 3 - Seizure and Destruction of Domestic animals

(a) No dog(s) without a registration tag; no dog(s) of a fierce, dangerous or vicious nature; no female dog(s) which becomes a nuisance to others shall be permitted to run at large on the White Earth Reservation. The White Earth Conservation Officers or any person specifically appointed for such purposes are hereby authorized to seize and destroy such dogs.

(b) All at large dogs will be destroyed in a humane and sanitary manner by the White Earth Conservation Officers or by a person designated for such purposed by the White Earth Tribal Council.

Section 4 - Control of Rabies Infected Animals

Any known to have bitten a person so as to cause an abrasion of the skin, or which appears to be infected by rabies shall be closely confined by the owner by means of a substantial metal chain for a period of 10 days or as may be recommended by a health advisor.

(b) if the owner fails to confine such dog(s) or if the owner is not known, the White Earth Conservation Officers or designated person shall remove the dog(s) to a veterinary hospital or other location as designated by the White Earth Tribal Council and placed under observation, the owner shall in such cases by required to reimburse the White Earth Conservation Department, such quarantine shall remain in effect for a minimum of 10 days after the diagnosis of the last known case of animal rabies within the quarantine area.

(c) No animal subject to the quarantine shall be removed from the quarantine area without written permission from the White Earth Conservation Department. Owner's of domestic animals within a quarantine area shall confine the animals to the owner's premises or maintain them under leash.

(d) The White Earth Tribal Council Chairman, may on recommendations of a health advisor, require the vaccination of any or all domestic animals in the community during the period of quarantine.

Section 5 - Effective Date of Ordinance

The provisions of this ordinance will take effect immediately following its adoption by the White Earth Reservation Tribal Council.